Piikani Nation Community Update from Chief and Council

This communication follows our community update dated December 15, 2025. That community update covered the decision of Justice Feasby made December 5, 2025 that a question submitted by a representative of the Alberta Prosperity Project (APP), Mitch Sylvestre, for a proposed petition was unconstitutional. Shortly after Justice Feasby issued his decision, the Alberta government made further amendments to the Citizen Initiative Act (through Bill 14). Justice Feasby’s decision can be found online here.

The amendments made it possible for Mr. Sylvestre to submit a second question for a proposed petition. This time, his proposed question is “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?” On December 22, 2025, the Chief Electoral Officer approved this question and issued a Notice of Initiative Petition. On January 2, 2026, the Chief Electoral Officer issued the initiative petition.

On January 21, 2026, Piikani Nation, along with Siksika Nation and the Blood Tribe, filed an application for judicial review in the Court of King’s Bench of Alberta. We are asking the Court to quash (overrule) the decision made by the Chief Electoral Officer to approve the question and permit the petition process to begin.

We filed our judicial review application because the Chief Electoral Officer’s approval of the second, almost identical proposal was wrong and unconstitutional:

  • As a result of Justice Feasby’s decision, the Chief Electoral Officer could not lawfully approve a second proposal on the same subject that contravenes our section 35 and Treaty rights;
  • Even under the amended law, the Chief Electoral Officer is required to act consistently with the Constitution, Charter values, and unwritten constitutional principles and could not authorize an unconstitutional question for a referendum;
  • The amendments themselves are unconstitutional because they:
    • permit unconstitutional questions to be put to a vote;
    • remove judicial oversight; and
    • attempt to immunize decisions from court review, contrary to sections 92 and 96 of the Constitution Act, 1867, section 35 of the Constitution Act, 1982, and unwritten constitutional principles (including the rule of law, democracy, and protection of minorities); and
  • The Crown’s duty to consult was triggered because the Chief Electoral Officer (as a Crown decision-maker) knew that approving a secession referendum proposal would have serious adverse impacts on our Treaty and Aboriginal rights. However, no consultation occurred before the Chief Electoral Officer made his decision.

Our application for judicial review asks the Court to:

  • Quash or set aside the Chief Electoral Officer’s December 22, 2025 decision and all steps flowing from it;
  • Declare that the amended Citizen Initiative Act (in whole or in part) is unconstitutional and of no force and effect because it is inconsistent with section 35 of the Constitution Act, 1982, with sections 92 and 96 of the Constitution Act, 1867, and with unwritten constitutional principles, including that the Alberta government cannot delegate constitutional amendment powers to citizens without safeguards;
  • Declare that the initiative petition issued on January 2, 2026 is null and void;
  • Declare that the Crown had, and breached, a duty to consult the Blackfoot Nations before the Chief Electoral Officer’s decision on the second proposal;
  • Declare that the Citizen Initiative Act must be read to require the Chief Electoral Officer to act in accordance with the Constitution and to seek court direction where constitutionality is at issue;
  • Issue an interim stay/injunction preventing the Chief Electoral Officer from taking further steps in relation to the second proposal (including certifying petition results or referring the matter to the Minister of Justice) until our application is finally decided; and
  • Grant any further relief the Court finds appropriate.

As this matter proceeds through the courts, we will provide updates as events warrant.

Questions regarding this matter may be directed to Corbin Provost, Chief Operations Officer, at corbin.provost@piikanination.com or (403) 965-3940.